Damage caused by a skip lorry driver

milbo1990

Hi,

I think that this incident would be considered Contract Law, so I thought that this may be the best place to try - hoping someone can help.

I had a skip delivered last week, filled it over the weekend and booked it in for collection yesterday. When I returned home from work, I found that the skip still hadn't been taken away and my garden wall had been partially demolished. From speaking to my neighbours, the skip lorry driver just reversed into the wall and then drove off.

Throughout the day, I've made a number of calls to said skip hire company trying to speak to someone about it and when I finally managed to speak to someone about it, he basically said that the terms of hire; which I automatically agree to by filling the skip, state that they are not responsible for any damage caused and that if I can't produce CCTV evidence then they won't do anything.

I've paid for said skip and it remains on my drive.

Can you please help?

Thanks,
Ryan.

TonyMMM

You don't need CCTV evidence - you have a witness. Just tell them that as the driver didn't stop or exchange details you will be reporting the accident to the police. If they still refuse to co-operate then:

Get a builders estimate for repairing the wall and send it to them, giving x days to pay.

If they don't pay up, commence a small claims action.

Your home insurance may have legal cover - speak to them if necessary

unholyangel

TonyMMM wrote: »

You don't need CCTV evidence - you have a witness. Just tell them that as the driver didn't stop or exchange details you will be reporting the accident to the police. If they still refuse to co-operate then:

Get a builders estimate for repairing the wall and send it to them, giving x days to pay.

If they don't pay up, commence a small claims action.

Your home insurance may have legal cover - speak to them if necessary

Pretty much exactly what I was going to say - speak to your neighbour and ask if they'll be willing to give a statement to the police. I believe if the vehicle doesn't belong to the driver, they're also supposed to give the owners name and address.

I'd report it and then use that police report to back up a claim against them for damages. Be very careful though if you tell them you are reporting it to the police and do not use it as leverage to try and strong arm them into settling your claim.

Silver-Surfer_2

milbo1990 wrote: »

Hi,

I think that this incident would be considered Contract Law, so I thought that this may be the best place to try - hoping someone can help.

I had a skip delivered last week, filled it over the weekend and booked it in for collection yesterday. When I returned home from work, I found that the skip still hadn't been taken away and my garden wall had been partially demolished. From speaking to my neighbours, the skip lorry driver just reversed into the wall and then drove off.

Throughout the day, I've made a number of calls to said skip hire company trying to speak to someone about it and when I finally managed to speak to someone about it, he basically said that the terms of hire; which I automatically agree to by filling the skip, state that they are not responsible for any damage caused and that if I can't produce CCTV evidence then they won't do anything.

I've paid for said skip and it remains on my drive.

Can you please help?

Thanks,
Ryan.

There's not being responsible for damage caused by their skip but the road traffic collision involving their vehicle is a separate issue.

Tell them if they don't provide you with their motor insurance details for you to raise a claim you'll report their driver.

forgotmyname

Failure to report the incident could earn the driver 6 points. I would phone them not mentioning this. But the fact you have several neighbours who saw the driver do it. If they fail to sort it then report them and put a claim in to their insurance instead.

shaun_from_Africa

It might not help, but it certainly wouldn't do any harm to have a look at the damaged wall to see if there is any paint from the skip lorry on there and if there is, take a photograph of it.

pinkshoes

My dad witnessed a builder's lorry hit and knock over his gate post then drove off.

He phoned up the company and complained who pretty much said the same thing about unless their is cctv blah blah...

My dad just pointed out it is a criminal offence to drive away from a scene of an accident, so would be calling the police, and all of a sudden they were quite happy to pay once my dad had got quotes.